CONTENTS
- 1. Introduction to the Suwon drunk driving attorney's case study
- 2. The client who came to a Suwon drunk driving attorney
- - The requests of the Suwon drunk driving attorney's client
- 3. Drunk driving thresholds explained by a Suwon drunk driving attorney
- - Penalties for drunk driving explained by a Suwon drunk driving attorney
- 4. The defense undertaken by the Suwon drunk driving attorney for the client
- - The Suwon attorney's client would lose his job if sentenced to imprisonment without labor or a heavier penalty
- - No harm resulted from the Suwon attorney's client's act
- - The Suwon attorney's client is making efforts to prevent reoffending
- 5. The judgment for the client led by the Suwon drunk driving attorney
- - Why a Suwon attorney is needed
1. Introduction to the Suwon drunk driving attorney's case study
You likely clicked on this article because you are curious about a case in which the Suwon drunk driving attorney defended a repeat drunk driving offender against a custodial sentence.
Because drunk driving can lead to serious and irreversible accidents, it is punished severely under the Road Traffic Act.
The Suwon drunk driving attorney established and applied a strategy suited to the case. From here, the Suwon attorney will introduce a case in which a repeat drunk driving offender was defended against a custodial sentence.
2. The client who came to a Suwon drunk driving attorney
The client who came to the Suwon drunk driving attorney stated that he had a prior conviction for drunk driving.
The client stated that he had received a fine for drunk driving, and that less than 10 years after that sentence became final, he recently drove a passenger car over a stretch of about 500 meters while intoxicated, with a blood alcohol concentration of 0.045 percent.
While reproaching the client for reoffending in drunk driving, the Suwon attorney listened to the circumstances of the drunk driving in order to respond to the case.
The client said that he had watched a baseball game and drunk one glass of beer at a restaurant in front of the stadium.
The client said that he drove home thinking that about one glass of beer would not amount to drunk driving.
The distance from the stadium to the client's home was only about 800 meters, and after driving about 500 meters, the client was caught for drunk driving by police conducting a sobriety checkpoint.
The requests of the Suwon drunk driving attorney's client
The client said that he was currently supporting his family on his own, and that if he received a sentence of imprisonment without labor or heavier, he could be dismissed under company regulations.
The client therefore earnestly requested help in avoiding a sentence of imprisonment without labor or heavier.
3. Drunk driving thresholds explained by a Suwon drunk driving attorney
Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated) (1) No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated. |
The client of the Suwon drunk driving attorney had a blood alcohol concentration of 0.045% at the time of the breath test.
Drunk driving refers to driving a motor vehicle, etc., a tram, or a bicycle while intoxicated.
Here, under the Road Traffic Act, the standard for being intoxicated is set at a blood alcohol concentration of 0.03% or higher.
Penalties for drunk driving explained by a Suwon drunk driving attorney
As with the client of the Suwon drunk driving attorney, when a person drives with a blood alcohol concentration of 0.03 percent or higher, the person becomes subject to 🔗punishment for drunk driving. Drunk driving is punished according to blood alcohol concentration as follows.
A person whose blood alcohol concentration is 0.2 percent or higher shall be subject to imprisonment with labor for not less than 2 years and not more than 5 years, or a fine of not less than 10 million won and not more than 20 million won. |
A person whose blood alcohol concentration is 0.08 percent or higher but less than 0.2 percent shall be subject to imprisonment with labor for not less than 1 year and not more than 2 years, or a fine of not less than 5 million won and not more than 10 million won. |
A person whose blood alcohol concentration is 0.03 percent or higher but less than 0.08 percent shall be subject to imprisonment with labor for not more than 1 year, or a fine of not more than 5 million won. |
Accordingly, the client could be subject to imprisonment with labor for not more than 1 year, or a fine of not more than 5 million won.
4. The defense undertaken by the Suwon drunk driving attorney for the client
In response to the client's request, the Suwon drunk driving attorney defended the case as follows in order to prevent a sentence of imprisonment without labor or heavier.
The Suwon attorney's client would lose his job if sentenced to imprisonment without labor or a heavier penalty
For the Suwon attorney's client, if a sentence of imprisonment without labor or heavier became final, the client could be subject to dismissal under the internal regulations of the client's workplace.
The client alone supports a daughter, a wife, and a mother whose health has deteriorated.
Although the client is economically struggling, the client is grateful to be able to live together with the family and has always lived diligently and honestly.
If such a client were to be sentenced to imprisonment without labor or heavier, the livelihood of the client and the family would rapidly become difficult.
No harm resulted from the Suwon attorney's client's act
It is right that the client of the Suwon drunk driving attorney be reproached for driving while intoxicated out of the foolish thought that one glass of beer would be fine.
However, the client's offense in this case caused no personal or property damage whatsoever.
The Suwon attorney's client is making efforts to prevent reoffending
The client of the Suwon drunk driving attorney blamed himself and felt remorse each day after this incident, and disposed of the vehicle driven in this case in order to prevent reoffending.
In addition, the client is doing his utmost to prevent reoffending on his own, including by receiving education on the prevention of reoffending.
5. The judgment for the client led by the Suwon drunk driving attorney
After hearing the submissions of a 🔗Suwon drunk driving attorney, the court sentenced the client to a minor fine.
Because the client already had a record of being punished for drunk driving, a sentence of imprisonment appeared unavoidable.
This result was achieved because the Suwon attorney defended the client by citing factors such as the relatively low blood alcohol concentration, the very short driving distance, the absence of any harm caused by the offense in this case, and the client's efforts to prevent reoffending.
Why a Suwon attorney is needed
The Suwon drunk driving attorney develops strategies suited to each case based on data from resolving drunk driving cases.
In the case of reoffending rather than a first offense of drunk driving, the level of punishment can be higher, so a prompt response is necessary.
Responding on one's own makes it very difficult to obtain the desired result.
Obtaining the assistance of a drunk driving attorney with extensive experience in resolving cases helps in approaching the desired result, and the Suwon attorney will assist with the case in order to bring about a favorable result for the client.
If you need a drunk driving attorney in Suwon or anywhere in the country, you may request a consultation at any of the offices located throughout the country.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
